STATE OF KARNATAKA Vs. J ARJUN

JUDGEMENT

(1.) Though this appeal is listed for hearing on interlocutory application, with the consent of the learned counsel appearing for the parties, the same is taken up for final disposal.

(2.) The present appeal has been preferred by the State being aggrieved by the judgment passed by the III Addl. District and Sessions Judge, Ballari, sitting at Hosapete, in Criminal Appeal No.5056/2016 dated 16.02.2018, whereunder the order of conviction was reversed and the respondent/accused is acquitted by setting aside the order passed by the Senior Civil Judge and JMFC, Kudligi in C.C.No.167/2014 dated 02.09.2016.

(3.) The case of the prosecution is that, on 16.09.2014 at about 1.00 pm, in front of the house of Sharadamma near Chapparadahalli bus stand, accused being the driver of Banashankari private bus bearing No.KA-16/B-6145, drove the same rashly and negligently and dashed against the TVS XL motorcycle bearing registration No.KA-35/X-6935. As a result, both the rider and pillion rider of the TVS XL motorcycle sustained injuries and subsequently the rider of the TVS XL motorcycle succumbed to the said injuries. On the basis of the complaint, a case has been registered and after investigation charge sheet has been filed against the accused.